MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING, URBAN DEVELOPMENT AND PUBLIC WORKS STATE DEPARTMENT OF INFRASTRUCTURE KS 2295 IMPLEMENTATION GUIDELINE FOR LICENSING SPEED LIMITER SUPPLIERS 1. Preamble The first edition of KS 2295 was developed in 2011 aimed at curbing speeding on the Kenyan roads. Combined with the mounting of speed traps, limiting the maximum speed of the vehicle was the other technique identified as a measure for reducing the accidents. The standard was developed to specify Performance, installation requirements, Specifications for system and component requirements for Speed limiting devices used in commercial and Public Service Vehicles (PSVs) as per the traffic act. CAP 403, Rule 41A. The implementation of KS 2295:2011 which came into effect on 1 st April 2014 posed a number of challenges which have been addressed in the revised edition KS 2295:2018. The challenges addressed are; i) data retrieval whereby each supplier had their own software which caused challenges during policing and inspection. ii) the number of inspection devices since each supplier had their own device. The data retrieval and policing devices have been harmonized in the second edition. KS 2295:2018 has introduced a requirement making it mandatory for all speed limiting devices to have capability to transmit speed data to NTSA servers. 2. Introduction To get approval to manufacture, import, install or in any way act as a speed limiter supplier, the supplier will be required to acquire a copy of this implementation guideline and a copy of the Kenya Standard, KS 2295:2018 -parts 1 & 2. Speed limiters shall not be sold over the counter. This implies that whether one is an importer or local manufacturer, the stages of approval are identical if not the same. Page 1 of 5
Much of the information contained in KS 2295 is written in dense, formal language but it is not difficult to comply with once the supplier has a good understanding of the requirements and a clear implementation plan. A supplier shall be required to understand this standard in order to avoid wasting time and resources which may frustrate them if they miss important requirements of the standard. 3. Concept The KS 2295:2018 is designed in such a way that all speed limiter suppliers (see clause 3.7 of KS 2295 Part 1 ) for definition of speed limiter supplier are required to meet both laboratory tests (KS 2295-2:2018) and the performance and installation requirements (KS 2295-1:2018). Some of the requirements in the standard are to be used by testing facilities whereas some are for the limiter suppliers. As a limiter supplier, one is required to clearly understand these two sets of requirements to avoid wasting time and resources. It is important to note that KEBS standardization permits and approvals issued by the CMTE are not a guarantee for getting licensed as a speed limiter supplier. 4. Abbreviations The following abbreviations have been used in this document and shall have the meaning as indicated: CMTE Chief Mechanical and Transport Engineer KEBS Kenya Bureau of Standards KS Kenya Standard LN Legal tice NTSA National Transport and Safety Authority 5. Approval and Licensing Process The process below outlines the approvals required by any limiter supplier before being licensed to fit/supply speed limiters in Kenya: 5.1 Preliminary Any speed limiter supplier intending to install speed limiters in vehicles for use on the Kenyan roads shall make an application to the NTSA using the application form from the Authority giving the minimum requirements to be satisfied in order to be licensed as a speed limiter supplier. 5.2 Application for limiter suppliers All speed limiter suppliers intending to install speed limiters in vehicles for use on the Kenyan roads shall purchase a copy of the Kenya Standard (KS 2295:2018 Parts 1 & 2) from KEBS, get a copy of this implementation guide either from the NTSA,CMTE or KEBS and a clearance certificate from NTSA after satisfying the requirements of 5.3 and 5.4 below. The intended limiter supplier shall be required to understand the requirements of the Kenya standard and seek clarification from the approving and licensing agencies (NTSA/CMTE/KEBS) Page 2 of 5
where any requirement seems ambiguous. Misinterpretation of requirements by any supplier shall be considered a liability to any of the approving/licensing authority. 5.3 Manufacturers authorization The supplier shall be required to furnish the NTSA/CMTE/KEBS with a manufacturer s authorization as prescribed in clause 4.4.1 of KS 2295-1:2018 whether the entity is the manufacturer or intends to act on behalf of a manufacturer. 5.4 Establishment of fitting centers and appointing of agents All speed limiter suppliers shall request for approval and registration of all fitting centers/agents under their control by writing to the NTSA. speed limiter supplier shall apply for a license or present a speed limiter for approval without proof of at least one established fitting center complying with the requirements of KS 2295-1:2018 clause 4.4.3. If a licensed speed limiter supplier intends to open more fitting centers/appoint agents, all such centers/agents shall be required to meet the established requirements (KS 2295-1:2018, clause 4.4.3). It is the responsibility of the speed limiter supplier to ensure that the register of their approved fitting centers/agents is updated at all times with the NTSA. 5.5 Product certification Laboratory tests (KS 2295-2:2018) Speed limiter suppliers shall forward the application for the relevant standardization permit accompanied by the clearance certificate from CMTE to KEBS. speed limiter intended for installation in vehicles in Kenya shall be granted any of the KEBS standardization permit if it does not meet ALL the requirements as specified and tested in accordance with KS 2295-2:2018. Grant of the KEBS standardization permit shall not be interpreted to mean LICENCE to install the speed limiter in vehicles for use on Kenyan roads. 5.6 Product certification Compliance with installation requirements (KS 2295-1:2018) Speed limiters shall meet all the requirements of clause 4.1 and 4.2 of KS 2295-1:2018 in relation to installation and performance. 5.7 Compliance with requirements of clause 4.3 of KS 2295-1:2018 All speed limiters shall meet the data storage, retrieval and transmission requirements specified in clause 4.3 of KS 2295-1:2018. 5.8 Approval for use on Kenyan roads Upon being granted, the KEBS Standardization permit, the speed limiter supplier shall present the same to the CMTE for testing on effect on the normal operation of the vehicle and other requirements as per the CMTE specifications (MTD-1902-353-18). Approval granted by the CMTE shall not be deemed a LICENSE to install a speed limiter in vehicles for use on Kenyan roads. Page 3 of 5
5.9 Licensing Having met all the above requirements, the limiter supplier shall submit all the permits and approvals to the NTSA for licensing to install speed limiters in vehicles for use on Kenyan roads. Among the checks to be verified before a license can be granted are: i) KS 2295-1:2018, Clause 4.3 - Requirements for the speed recording, storing and transmitting device (recorder) speed limiter supplier shall be allowed to install speed limiters in vehicles for use on Kenyan roads if it does not satisfy ALL the requirements for both on-board and off-board (online) recording of data as specified in this clause. ii) KS 2295-1:2018, Clause 4.4 - Conditions for limiter suppliers of speed limiters All speed limiter suppliers shall be required to demonstrate compliance with ALL the remaining requirements of this clause of KS 2295-1:2018 before they can commence operations iii) Other regulatory requirements speed limiter supplier shall be licensed to install speed limiters in vehicles for use on Kenyan roads if they do not demonstrate compliance with all relevant legal and regulatory requirements, not limited to the requirements contained in the traffic act, CAP 403 of the laws of Kenya and any gazetted regulations/lns touching on the conduct or operation of vehicles on Kenyan roads. Upon satisfying itself that the applicant (speed limiter supplier) has met all the required approvals, the NTSA shall grant a license to the applicant to install speed limiters in vehicles for use on the Kenyan roads which shall be subject to annual renewal. At no time shall the NTSA license more than one authorized supplier to install models of speed limiters bearing the same trademark. Any change of authorization by a manufacturer shall be communicated in writing to NTSA/CMTE/KEBS giving reasons for such a change. The new authorized supplier shall be required to follow the same process of approval and licensing just like any new entrant into the market. 5.10 Withdrawal of License Continuous field performance analysis shall be carried out on all speed limiters installed in vehicles for use on Kenyan roads and a decision to withdraw any license from an authorized speed limiter supplier shall be carried out in accordance with KS 2295-1:2018 Clause 4.4.13. Page 4 of 5
ANNEX START Launch application with NTSA Inspection of fitting center by NTSA Implement identified improvement Fitting Centre (s) approved? Present speed limiter for testing and issuance of KEBS standardization permit KEBS permit issued? Present permit to CMTE CMTE approval issued? Present permits and approvals to NTSA Application successful? NTSA issues license END Page 5 of 5